Criminal Procedure Code of the Kyrgyz Republic - Legislationline

(3) Waiver of the counsel by the suspect, accused, defendant in cases provided in points 2 – 5 of
Article 46 of this Code shall not be binding for the investigator, the court.
(4) Waiver of the counsel shall be registered by a resolution of the investigator, judge, or by a
ruling of a court.
(As edited by the Law of KR dated 8 August #111)
Article 48. Rights and Responsibilities of a Defense Attorney
(1) In rendering legal assistance, an advocate shall participate in court proceedings as a defense
attorney or other representative on the basis of adversarial trial and equality of the parties.
(2) A defense attorney shall use all legal means of defense to find out evidence justifying the
suspect, accused, defendant or evidence mitigating the charge or sentence, as well as to
render necessary legal assistance.
(3) Starting from the moment of participation in the case, the defense attorney is entitled to:
1) personally or with assistance of private detective collect materials being to credit of
suspect, accused, defendant, witness;
2) get written statements and explanations of witnesses, make personal records of site
studying;
3) introduce evidence to the investigation and court;
4) be present when the charge is announced;
5) participate in the interrogation of the suspect, accused, defendant, witness as well as in
other investigational proceedings in which they are involved or which were requested by
the defense itself or the suspect, accused, defendant;
6) meet with the suspect, accused, defendant in private, confidentially and without any
limitations of time and number of such meetings;
7) study records of the detention, resolutions on the sanction, records of investigational
proceedings in which the suspect, accused, defendant or the defense attorney himself
were involved, documents which were given and which should have been given to the
suspect, accused, and, after the completion of the investigation, study the whole dossier
of the case;
8) make copies of dossier files, write out any information from the dossier;
9) make motions;
10) participate in court proceedings;
11) make challenges;
12) appeal from actions of preliminary investigator, actions and decisions of the prosecutor,
investigator, and the court and participate in consideration of such appeals;
13) use any other legal means for defense.
(4) The defense attorney when present during any investigational proceeding, may ask the
interrogated persons any questions if allowed by the investigator. The investigator may
decline any question of the defense attorney, such questions and the decision to decline them
shall be recorded. The defense attorney may make comments in writing in the records
concerning the authenticity and completeness of the records.
(5) The defense attorney has no right to refuse to work on the case he agreed to.
(6) The defense attorney shall not take any actions against the interests of the defendant, to
disclose secrets revealed in respect of defense and other assistance he is rendering.